P.U. 7 (2001-2002)
Appendix
“A”
REGISTERED
INTERVENORS,
SCHEDULE
AND PROCEDURES
FOR
THE CONDUCT OF
THE
HYDRO GENERAL RATE HEARING
Items
- Registered Intervenors
- Schedule of Dates
- Order of Witnesses
- Procedures for Presentation of
Evidence and Cross-examination of Witnesses
- Protocol and Procedure for Filing
- Motions
Appendix A-Item 1.
1. Registered
Intervenors
The following is a list of parties who
are identified as registered Intervenors to this hearing:
1. Newfoundland
Power Inc., represented by
Gillian
Butler, Q.C. and Peter
Alteen Telephone: 737-5859
Counsel to Newfoundland Power Inc. Fax: 737-2974
55 Kenmount Road
St. John’s, NF
A1B 3P6
2. Abitibi
Consolidated Inc., Stephenville and Grand Falls Divisions
Corner
Brook Pulp and Paper Company Limited
North
Atlantic Refining Limited
Industrial
Customers, represented by
Cabot Place, 100
New Gower Street P. O. Box
812,
P.O. Box 5038 49-51
Park Street
St. John’s, NF, A1C 5V3 Corner
Brook, NF, A2H 6H7
Telephone: 722-4270 Telephone: (709) 634-7241
Fax: 722-4565 Fax: (709) 634-8247
4. Consumer
Advocate, represented by
Dennis Browne,
Q.C. and Stephen Fitzgerald
Browne
Fitzgerald Morgan & Avis Counsel
for Consumer Advocate
P.
O. Box 23135 (Address,
Fax &
Terrace
on the Square, Level II Phone - Same as Mr. Browne)
Telephone: 724-3800
Fax: 754-3800
5. Town
of Labrador City, represented by Telephone: (709) 944-3666
Edward M. Hearn,
Q.C. Fax: (709) 944-5494
Miller & Hearn
450 Avalon Drive,
P.O. Box 129,
A2V 2K3
6. Town
of Happy Valley-Goose Bay, represented by Telephone: (709)
896-3321
Dennis
Peck Fax No. (709) 896-9454
Director
of Economic Development
P.
O. Box 40, Station B
Happy
Valley-Goose Bay
Labrador,
NF, A0P 1E0
Appendix A-Item 2.
2. Schedule of Dates
The following dates are set:
July 2001
July 13 Filing
date for Motions to be heard on July 18
July 16 Filing
date for reply briefs to any Motion filed to be heard on July 18
July 17 First round
of questions submitted to Hydro and Intervenors by all parties other than
Consumer Advocate
July 18 Motions
day
July 25 First
round of questions submitted to Hydro by Consumer Advocate
August 2001
August 3 Responses
due by Hydro to questions submitted by relevant parties on or before July 17
August 8 Responses
due by Hydro to questions submitted by Consumer Advocate on or before July 25
August 15 Response
expert reports and pre-filed testimony by Intervenors
August 24 Filing
date for Motions to be heard on August 29
August 27 Filing
date for reply briefs to any Motion filed to be heard on August 29
August 27 Questions due
on Response expert reports and pre-filed statements of Intervenor lay witnesses
August 29 Motions
day
September 2001
September 7 Responses
due to questions submitted to response experts and lay witnesses
September 12 Filing of any supplementary evidence arising from questions and
answers
September 14 Questions due on supplementary evidence filed by September 12
September 18 Last filing date
before hearing commencement, to include all answers to outstanding questions
September 24 Commencement of Hearing
October 2001
October 14 Travel
to Labrador (specific locations and dates to be determined)
October 22 Re-commencement
of hearing in St. John’s
October 26 Non-hearing
day (Board matters)
November 2001
November 30 Non-hearing
day (Board matters)
Appendix A-Item 3.
3. Order
of Witnesses
Hydro Presentation of Application
William Wells, President & Chief Executive Officer
David Reeves, Vice-President Transmission & Rural Operations
Robert Henderson, Manager of Systems Operations
Hubert Budgell, Director of Systems Planning
Kathleen McShane, Cost of Capital Expert Witness
Douglas Hall, Cost of Capital Expert Witness
Intervenors
NP Cost
of Capital Expert Witness
IC Cost
of Capital Expert Witness
CA Cost
of Capital Expert Witness
Others
Board
Cost of Capital Expert Witness
Hydro
John Roberts, Corporate Controller
Derek Osmond, Vice-President of Finance & Chief Financial Officer
John Brickhill, Cost of Service Expert Witness
Paul Hamilton, Regulatory Specialist, Customer Services Department
Intervenors
NP Cost
of Service Expert Witness
IC
Cost
of Service Expert Witness
CA Cost
of Service Expert Witness
Others
Board
Cost of Service Expert Witness
Newfoundland Power
Presentation of Case Other witnesses
Industrial Customers
Presentation of case Other witnesses
Consumer Advocate
Presentation of Case Other witnesses
Other Intervenors
Presentation of Case Other witnesses
Board
William Brushett, C.A., Board’s Financial
Consultant
Other witnesses
Conclusion of Hearing
Appendix A-Item 4.
4. Procedures
for Presentation of Evidence and Cross-examination of Witnesses
Pre-filed
testimony of all non-expert witnesses should be adopted upon their taking the
stand, and, unless otherwise objected to, will be accepted as evidence.
Reports of expert
witnesses should be adopted upon their taking the stand, and, unless otherwise
objected to, will be accepted as evidence.
The order of
presentation and cross-examination of witnesses is as follows:
Direct evidence Hydro
First Cross Newfoundland
Power
Second Cross Industrial customers
Third Cross Consumer
Advocate
Fourth Cross Others
Last Cross Counsel
to the Board
Questions on Matters Arising
Hydro
Newfoundland
Power
Industrial
Customers
Consumer
Advocate
Others
Counsel
to the Board
Direct Evidence Intervenor Presenting Witness
First Cross Hydro
Second Cross, and so on Other Intervenors per above
Board Questions
Questions on Matters Arising
Intervenor
Presenting Witness
Hydro
Other
Intervenors
Counsel
to the Board
Appendix A-Item 5.
5.
Protocol and Procedure for Filing
Rules of
Procedure
A Public Record
All documents filed with respect to this
proceeding shall be placed on the public record.
B Form of Documents
(1) Unless directed by the Board, the
official record of this proceeding will be the original paper copy filed with
the Board’s Secretary and all copies.
(2) Every
written document filed by a party shall be prepared as follows:
(a) Typed, written or printed
on 8½ X 11 letter size paper, 3-hole punched for standard binders.
(b) Each
page shall be numbered.
(c)
Where reasonable, each line shall be
numbered.
C Filing of Documents
This subsection shall govern filing of
documents with the Board. Filing is accomplished when the Board receives the
submission.
(1) All
documents shall be filed with the Board Secretary.
(2) Documents
may be filed by:
(a) Hand
delivery;
(b) Courier
service;
(c) Registered
Mail;
(d) Facsimile;
or
(e) Other
means directed by the Board.
(3) All
documents shall be date and time stamped when received at the Board’s
Office. To ensure distribution on the
same business day, all documents filed according to the scheduled dates shall
be filed no later than 2:00 P.M. on the date stipulated. Documents filed after this time or on a
Board holiday shall be considered as filed on the next Board business day and
will be distributed on that date.
D Revisions to Documents
(1) A party may revise any
document where new information or information to correct errors on submitted
filings becomes available before the completion of a hearing. In which event:
(a) Any party may
request a hearing on the new information.
(b) The
Board will determine whether a hearing is required to consider the revised
document.
(2) Where all or any
part of a document is revised, each revision shall indicate the page(s)
revised, the line (s) revised as well as the number of the revision (i.e. 1st
revision) and the date of the revision.
E Service of Documents
This subsection shall govern service of all
papers upon parties and proposed intervenors.
(1) Service upon a party shall be complete
when the party or the party’s legal representative receives the document.
Service may be made as follows:
(a)
Hand delivery;
(b) Courier service;
(c)
Registered Mail;
(d) Facsimile;
(e) Or other means directed by the Board.
(2) Service
will be effective:
(a) If the document is delivered
by hand, courier or fax on the same day that delivery is made.
(b) If the document is delivered by
registered mail on the date of receipt.
(3) If
service is made by any other means, within the timeframe directed by the Board.
F Number of Copies of
Filings and other Documents
Unless otherwise ordered by the Board,
parties filing documents with the Board shall adhere to the following
guidelines:
(1) File
with the Board Secretary one original signed copy of each document.
(2) Provide
17 copies of the original documents with the Board.
(3) Two copies of each of the documents,
described in subsection (1), shall be served on the Applicant.
(4) Each
intervenor or where indicated, each legal representative of the Intervenor.
(5) The
distribution list for each Intervenor is attached to these guidelines.
G Charge for Copies
(1) The Board will
provide a copy of any document authored by the Board, or its consultants, at no
charge.
(2) Copies of documents originating
or authored by the parties should be requested directly from the parties.
(3) The Board will
charge for the cost associated with the reproduction of any other document
requested of it by an individual or party.
Copy fees reflect the costs associated with reproducing the
material. Copies made at the Board offices are 15 cents per page. Copying sent
to outside vendors is recovered on an actual cost basis.
(4) One copy of the
transcript for each day of the hearing will be provided to each Intervenor or
where indicated, each legal representatives of the Intervenor, at no cost.
(5) Copies of the
Legislation, Acts, and Regulations can be obtained from the Queen’s Printer,
viewed at the Board’s Main Offices, or viewed on the Board’s Website at www.pub.nf.ca.
H Public Viewing
Interested persons may view any or all documents filed in this
proceeding at the Board’s Public Viewing Room at the Board’s main offices by
contacting the Board Secretary.
I Electronic Filing
The Board recognizes the value inherent in this technology, and
wishes to assess the use of electronic filing during this hearing. Accordingly, the Board, on an experimental
basis, wishes to establish procedures and protocols for the filing of electronic
copies of original hard-copy documentation.
The Board’s intention is to implement a process whereby electronic
versions of the documentation filed with the Board will be placed on the PUB
server (www.pub.nf.ca) where they would be
available for download. The Board is
investigating the technical requirements of establishing such a procedure and
will provide an update on the status of this matter on Motions day, July 18,
2001.
In the interim, the Board requests that each party to the Hydro
hearing, unless otherwise exempted, file with the Board an electronic version
of all documentation filed with the Board since May 31, 2001 related to the
Hydro Application, in the following manner:
- Each
individual document shall be converted while in electronic form to “read only”
*.pdf format (Adobe Acrobat), still allowing for key word searches and cut and
paste functionality
- On the
day of filing of the hard copy, one copy of the electronic *.pdf file will be
emailed to ito@pub.nf.ca
It is noted that certain parties to the Hydro Application have
sought electronic copies of documents.
Until such time as the Board has established a procedure for placing the
electronic copy on its server, it is unable to fulfill individual
requests. However, the Board would
encourage the parties, as an interim measure, to co-operate with each other to
facilitate this process.
Please note that the electronic file will not be an official
document for the purposes of the hearing. The original paper documents will
remain the official documents.
Appendix A-Item 6.
6. Motions
As noted in the Schedule of Dates, certain days have been set aside
for the specific purpose of hearing any Motion that has been filed by a party.
While any party is free to file a Motion at any time, it is proposed that these
Motion days would be used by the Board wherever possible to conduct the actual
hearing of the Motion should it be a contested matter.
Parties are to adhere to the same directions for the filing of
documents as provided for in Item 4 of this Appendix A.
Motions must be filed at least 5
days before the scheduled Motion day. The 5 day period includes the first day,
but not the last day. The 5 day period
also includes weekend days where applicable.
Response briefs to a Motion must be filed by the responding party at
least one clear day before the Motion day.
Where a party wishes to have a matter heard other than on a reserved
Motion day, they may provide Notice to the Board of their request. Upon its receipt, the Board will consider
the request and render a decision accordingly.
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